This property was originally developed as a gasoline service station in 1937 and operated continuously in that capacity — along with a convenience store — until 2005. A petroleum release was reported to Ecology in 1991, and subsequent investigations revealed severe groundwater contamination: 16 inches of free-phase product in one monitoring well and benzene concentrations exceeding 3,000 µg/L. A groundwater extraction and treatment system was installed in 1992, and remediation under the Voluntary Cleanup Program remains ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
Petroleum contamination at this site originated from underground storage tanks that served a gasoline station operating since 1937 — nearly five decades before 1986, when occurrence-based CGL policies still carried no effective pollution exclusion. The scale of remediation here — free-product recovery, groundwater extraction and treatment, and decades of monitoring since the early 1990s — represents substantial documented expenditures tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during that operational window may be obligated both to recover past cleanup costs and to fund the remediation work that remains ahead.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.